When a couple decides to divorce, the standard procedure is to compile a list of all marital assets and distribute them equitably between the spouses. However, sometimes things do not go according to plan. A spouse may hide assets, sell them, or even engage in dissipation. You must be aware of what constitutes improper conduct so that your divorce proceeds as smoothly as possible.
In most states, Illinois included, a temporary restraining order may be placed on both parties at the beginning of a divorce proceeding. This order prevents disposing of any marital assets in any way and is generally recommended if either spouse suspects the other will engage in unethical behavior. The rationale is that marital property is the property of both people in the marriage, and one spouse disposing of assets breaches the covenant both people entered into when they got married. Most of the time, these orders only apply to marital property; items not classified as such (in other words, as personal property) may generally be sold freely.